Deepak Lal Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38140 of 2016 Arising Out of PS.Case No. -175 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Deepak Lal Gupta Son of Late Mohan Lal Gupta, resident of VillageDharnipatti, P.S.- Hanumanganj, District- Kushinagar, (Uttar Pradesh). .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Priyanka Gupta wife of Deepak Lal Gupta and Daughter of Prasadi Prasadi, resident of Mohalla- Block Road, in front of Block Office, Ward No. 21, Narkatiaganj, P.S.- Shikarpur, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-09-2016 Heard learned counsels for the petitioner, informant and the State.
The petitioner being husband of the informant is languishing in custody since 18.7.2016 in a case registered under Sections 498A/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant and has filed Matrimonial Case No. 20 of 2015 for restitution of conjugal
Patna High Court Cr.Misc. No.38140 of 2016 (2) dt.01-09-2016 2/2 rights at earlier point of time. The petitioner is still ready to keep the informant as wife with full dignity and honour though statement to that effect has not been made in the petition. Learned counsel for the informant submits that in view of the differences between the parties, it is not possible for the informant to resume the conjugal life. However, the informant is willing to get the issue settled in terms of demand of permanent alimony.
Considering the inconsistent stand of the parties and taking into consideration the fact that the matrimonial case was filed by the petitioner at earlier point of time, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., West Champaran at Bettiah in connection with Shikarpur P.S. Case No. 175 of 2016. (Dinesh Kumar Singh, J) Anil/- U T